The Suspended Sentence Order created by the Criminal Justice Act 2003 has had a relatively straightforward existence, particularly in comparison to some of the other provisions of that much criticised Act.

However in recent months a challenge has been made to the court’s power to amend a SSO which questions whether a huge number of sentences have been made unlawfully, and which would potentially create considerable embarrassment.

The appellate Courts have not yet had the opportunity to express a view on these matters and so, absent any authoritative guidance from on high, the issue is left simply for argument in the Magistrates’ and Crown Courts.
 

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